§ 29-34-706 — Prima facie showing - Discovery - Consolidation of actions for trial

Tennessee § 29-34-706

• Jurisdiction: Tennessee
• Title: 29

Text

(a) Evidence relating to the prima facie showings required under this part shall not create any presumption that the exposed person has an asbestos-related injury or impairment and shall not be conclusive as to the liability of any defendant. (b) No evidence shall be offered at trial regarding, and the jury shall not be informed of: (1) The grant or denial of a motion to dismiss an asbestos action under this part; or (2) The provisions of this part with respect to what constitutes a prima facie showing of asbestos-related impairment. (c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one (1) of the parties and for good cause shown. (d) (1) A court may consolidate for trial any number and type of asbestos actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions relating to the exposed person and members of that person's household. (2) No class action or any other form of mass aggregation relating to more than one (1) exposed person and members of that person's household shall be permitted. (3) This subsection (d) does not preclude consolidation of cases by court order for pretrial or discovery purposes.

Legislative History

Amended by 2021 Tenn. Acts, ch. 265, s 2, eff. 7/1/2021. Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.